사해행위취소
1. The agreement on inherited property concluded on March 8, 2013 with respect to one-fifth share of the real estate listed in the separate sheet between the defendant and B shall be divided.
1. Determination as to the cause of claim
A. The facts of recognition (1) B is liable for the total of KRW 13,537,102, including the principal, 6,445,147, and late payment charges as of March 8, 2013 by using a credit card after having joined the Plaintiff’s credit card holder as of July 26, 2006 with the credit card issued.
(2) On March 8, 2013, the deceased C’s heir B, the Defendant, and their siblings (D, E, and F) agreed on the division of inherited property (hereinafter “instant agreement”) with the content that the ownership transfer registration was completed under the name of the deceased would be solely owned by the Defendant (hereinafter “instant apartment”).
On March 14, 2013, the Defendant completed the registration of ownership transfer of the instant apartment in its name according to the instant consultation, and on the same day, B received KRW 27 million including the price for 1/5 of the inheritance shares of the said apartment through a bank account in D.
On the other hand, at the time of the consultation of this case, B is in excess of the debt, and the above inheritance shares are the only property B.
(3) On March 14, 2013, the Defendant completed the registration of ownership transfer for the instant apartment on the grounds of sale on March 8, 2013, and the purchase price was KRW 120 million.
(4) Meanwhile, as of August 19, 2013, the use price of the instant card as of August 19, 2013 is KRW 14,278,629 (= Principal KRW 6,445,147, plus KRW 7,83,482).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7 through 10, 12, Eul evidence Nos. 1 and 2, fact inquiry results to the head of Geumcheon-jin and the purport of the whole pleadings
B. The judgment-based agreement on division of inherited property is to confirm the attribution of inherited property by either wholly or partially owning the inherited property of each inheritor or performing it as a new co-ownership relationship with respect to the inherited property, which has been provisionally owned by co-inheritors upon commencement of inheritance. As such, it can be subject to the exercise of the right of revocation of fraudulent act, and Supreme Court Decision 201Da2548, Feb. 9, 2001.